HomeMy WebLinkAboutOrdinance 26789-03-2024Ordinance No. 26789-03-2024
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE GRANTS OPERATING FEDERAL FUND IN THE
AMOUNT UP TO $1,500,000.00, FOR THE PURPOSE OF FUNDING THE 2023
DEPARTMENT OF ENERGY BIPARTISAN INFRASTRUCTURE LAW
WEATHERIZATION ASSISTANCE PROGRAM; PROVIDING FOR A
SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF
PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2023-2024 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Grants
Operating Federal Fund, subject to the receipt of the grant, in the amount up to $1,500,000.00, for the purpose
of funding the 2023 Department of Energy Bipartisan Infrastructure Law Weatherization Assistance Program.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void
for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair
the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall
be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance 26453-09-2023 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance are in
direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of
said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
C uJ.
Assistant City Attorney
ADOPTED AND EFFECTIVE: March 26, 2024
CITY SECRETARY
Jannette S. Goodall
. L ,
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
AMENDMENT NO. 2 TO CONTRACT NUMBER 55220004050
FY 2022 U.S. DEPARTMENT OF ENERGY BIPARTISAN INFRASTRUCTURE LAW
WEATHERIZATION ASSISTANCE PROGRAM (CFDA# 81.042)
Awarding Federal Agency: United States Department of Energy
TDHCA Federal Award Number: EE-0010018
Award Year (Year of Award from DOE to TDHCA): 2022
Unique Entity Identifier Number: ENS6MKS1ZL18
This Amendment No. 2 to FY 2022 U. S. Department of Energy ("DOE") Bipartisan Infrastructure
Law ("BIL") Weatherization Assistance Program Contract Number 55220004050 by and between
the Texas Department of Housing and Community Affairs, a public and official agency of the State
of Texas ("Department") and City of Fort Worth, a political subdivision of the State of Texas
("Subrecipient") hereinafter collectively referred to as "Parties".
RECITALS
WHEREAS, the Department and Subrecipient, respectively, executed FY 2022 U. S. Department
of Energy ("DOE") Bipartisan Infrastructure Law ("BIL") Weatherization Assistance Program
Contract Number 55220004050 and
WHEREAS, the Parties desire to amend the Contract in the manner provided herein below.
AGREEMENTS
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Parties agree as follows:
1. Subsection A of SECTION 4. DEPARTMENT FINANCIAL OBLIGATIONS, of this Contract is
hereby amended as follows:
In consideration of Subrecipient's satisfactory performance of this Contract, Department
must reimburse Subrecipient for the actual allowable costs incurred by Subrecipient in an
amount up to $2,201,549.00 as specified in the "Budget and Performance Statement,"
attached hereto as Exhibit A and the terms of this Contract.
2. Exhibit A. Budget and Performance Statement, of this Contract is hereby deleted and
replaced in its entirety with the attached Exhibit A.
3. All of the remaining terms of the Contract shall be and remain in full force and effect as therein
set forth and shall continue to govern except to the extent that said terms conflict with the
terms of this Amendment. In the event this Amendment and the terms of the Contract are in
conflict, this Amendment shall govern, unless it would make the Contract void by law.
4. Each capitalized term not expressly defined herein shall have the meaning given to such term
in the Contract.
Page 1 of 4
5. This Amendment may be executed in several counterparts, each of which shall be deemed to
be an original copy, and all of which together shall constitute one agreement binding on
Parties, notwithstanding that all the Parties shall not have signed the same counterpart.
6. If any of the Parties returns a copy by facsimile machine or electronic transmission, the
signing party intends the copy of its authorized signature printed by the receiving machine or
the electronic transmission to be its original signature.
7. By signing this Amendment, the Parties expressly understand and agree that its terms shall
become a part of the Contract as if it were set forth word for word therein.
8. This Amendment shall be binding upon the Parties hereto and their respective successors
and assigns.
9. This Amendment shall be effective and memorializes an effective date of January 01, 2024.
WITNESS OUR HAND EFFECTIVE: January 01, 2024
SUBRECIPIENT:
City of Fort Worth
a political subdivision of the State of Texas
By:
Title:
Date:
DEPARTMENT:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,
a public and official agency of the State of Texas
By:
Title: Its duly authorized officer or representative
Date:
Page 2 of 4
f
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
AMENDMENT NO. 2 TO CONTRACT NUMBER 55220004050 FOR THE
FY 2022 U.S. DEPARTMENT OF ENERGY BIPARTISAN INFRASTRUCTURE LAW
WEATHERIZATION ASSISTANCE PROGRAM (CFDA# 81.042)
EXHIBIT A
BUDGET AND PERFORMANCE STATEMENT
City of Fort Worth
a political subdivision of the State of Texas
DEPARTMENT FINANCIAL OBLIGATIONS
$ 1.851.549.00 DOE WAP FUNDS CURRENTLY AVAILABLE
$ 350,000.00 TRAINING & TECHNICAL ASSISTANCE FUNDS CURRENTLY
AVAILABLE
$ 1,861,549.00 TOTAL ANTICIPATED DOE WAP FUNDS
$ 350,000.00 TOTAL ANTICIPATED TRAINING & TECHNICAL ASSISTANCE FUNDS
Additional funds may be obligated via written amendment(s). Funds shall be obligated and
expended during the current Contract Term. Unexpended fund balances will be recaptured.
BUDGET FOR AVAILABLE ALLOCATIONS
CATEGORIES
Administration
FUNDS
$ 189,553.00
Liability/ Pollution Occurrence Insurance
$19,902.00
Fiscal Audit
$ 5,000.00
Materials I Program Support I Labor
$1,391,530.00
Health and Safety
$ 245,564.00
SUB -TOTAL
$ 1,851,549.00
Training and Technical Assistance
$ 350,000.00
TOTAL
$ 2,201,549.00
Page 3 of 4
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FOOTNOTES TO BUDGET
Denotes that the Subrecipient must request in writing any amendment needed to a budget
category before TDHCA will make any amendments. The only categories that can be reduced
are the Administration, Insurance, Fiscal Audit, Training and Technical Assistance and/or the
Health and Safety categories.
Denotes maximum dollar amount permitted for administration based on 8.61% of the total
allowable expenditures.
Denotes maximum $10,000 for liability insurance and the remaining balance for pollution
occurrence insurance.
Denotes the maximum allowed for Health and Safety expenditures.
DOE BIL WAP funding may not be leveraged with DOE Annual grant funding.
Work orders must be submitted to weatherization contractors no later than June 30, 2025 for any
weatherization activities to be completed under this Contract. All weatherization activities
including final inspection must be completed no later than June 30, 2025.
Grantees
are advised that any weatherization work must be completed
and inspected, and
all
necessary monitoring and follow-up activities must be completed, by the
performance period
end
date of
the contract. If costs are incurred after the performance period, these costs must
be
covered
by another funding source. The following exception is minimal
administrative costs
that
may be
incurred within 45 days after the performance period end date
for closeout and
final
reporting.
These costs shall be reported on the final report described in Section 11 of this Contract.
Subrecipient shall provide WAP activities sufficient to expend the Contract funds during the
Contract Term. WAP costs per Dwelling Unit (materials, labor, and program support), excluding
health and safety expenses, EFFECTIVE January 1, 2024, shall not exceed $8,250 total cost per
Dwelling Unitnit without prior written approval from the Department. The cumulative total cost per
Dwelling Unit (materials, labor, and program support), shall not exceed the maximum allowable by
end of the Contract Term.
Subrecipient has a federally approved indirect cost rate of 0.00% .
Page 4 of 4
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 03/26/24 M&C FILE NUMBER: M&C 24-0239
LOG NAME: 19NSTDHCA-DOE BIL 2023 A2
SUBJECT
(ALL) Authorize Acceptance of Additional Grant from the Texas Department of Housing and Community Affairs in an Amount Up to $1,500,000.00
for the 2023 Department of Energy Bipartisan Infrastructure Law Weatherization Assistance Program to Provide Assistance for Low to Moderate
Income Residents to Lower Home Energy Costs through the City of Fort Worth Weatherization Assistance Program, Authorize Execution of
Related Contracts, Authorize an Increase in the City's Home Repair Program Contract Authority by $1,500,000.00 to Help Facilitate the
Administration of the Grant, Waive Indirect Costs of $50,996.00 and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the acceptance of additional grant funds from the Texas Department of Housing and Community Affairs in an amount up to
$1,500,000.00 from the 2023 Department of Energy Bipartisan Infrastructure Law Weatherization Assistance Program;
2. Authorize the execution of related contracts, including any renewals, amendments and extensions, with the Texas Department of Housing and
Community Affairs for the grant funds;
3. Authorize an increase in the City s Home Repair Program contract authority by $1,500,000.00, resulting in a total five-year (Fiscal Years
2019-2024) contract authority of $37,323,330.53, to facilitate the administration of this new grant;
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in
an amount up to $1,500,000.00, for the purpose of funding the 2023 Department of Energy Bipartisan Infrastructure Law Weatherization
Assistance Program (City Project No. 105203); and
5. Waive indirect costs of $50,996.00
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize acceptance of additional grant from the Texas Department of
Housing and Community Affairs (TDHCA) from the 2023 Department of Energy Bipartisan Infrastructure Law Weatherization Assistance Program
(BIL). These grant funds that will be used to assist with weatherization and energy efficiency efforts in the homes of low-income individuals in the
City of Fort Worth (City) and Tarrant County.
On 10/17/2023 through M&C 23-0870 City Council approved the acceptance of a grant from Texas Department of Housing and Community
Affairs (TDHCA) from the 2023 Department of Energy Bipartisan Infrastructure Law Weatherization Assistance Program (BIL) for an amount up to
$1,464,757.00. TDHCA informed the City that additional funding will be available to this grant and the department estimated an additional grant
up to $1,500,000.00 for this program.
The BIL program's goals are to enhance and provide innovation to existing weatherization programs by leveraging resources and performing
deep energy retrofits of low-income residential buildings. TDHCA's BIL funds will be administered within existing Weatherzation Assistance
Program standards and guidelines, and through existing contracts with subcontractors. All subcontractors performing any eligible services for the
City will not be paid until work is inspected and approved by Neighborhood Services Department staff.
The Neighborhood Services deparment currently has $1,464,757.00 appropriated for funds from this source and are now receiving an additional
$736,792.00, bringing the total amount of received funds to $2,201,549.00. We are asking for $1,500,000.00 in additional appropriations instead
of the $736,792.00 due to the fact that there will be additional funds provided this year by this source to make up this difference. Additional
funding will be appropriated as the award is received.
A waiver by the City of indirect costs will maximize program benefits. Grant funds support administrative and program delivery allocations for 3.25
full time employee positions in the Neighborhood Services Department. Indirect costs totaling an estimated $50,996.00, calculated by taking
wages & salaries designated for this grant of approximately $294,945.00 multiplied by the Neighborhood Service Departments' indirect cost rate
of 17.29% defined in the City's most recent Cost Allocation Plan, could be charged to this grant. A waiver of these indirect costs is requested to
allow allocation of these funds to further support the programs and services to assist "low -to -moderate!' income citizens.
Positions funded with BIL grant funds are subject to grant availability. In the event of a grant award being decreased or eliminated, Neighborhood
Services Department would review programs and services funded by the grants and determine a level of service and staffing that aligns with the
available funding. Altemative to consider may include staff and program reductions or eliminations.
No matching funds are required from the City for 2023 Department of Energy Bipartisan Infrastructure Law Weatherization Assistance Program.
This program services ALL COUNCIL DISTRICTS
A Form 1295 is not required because: This contract will be with a governmental entity, state agency or public institution of higher education: Texas
Department of Housing and Community Affairs and Department of Energy Bipartisan Infrastructure Law
FISCAL, INFORMATION 1 CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, and adoption of the attached appropriation ordinance, funds
will be available in the current operating budget, as appropriated, in the Grants Operating Federal Fund. Neighborhood Services (and Financial
Management Services) will be responsible for the collection and deposit of funds due to the City. Priorto expenditures being incurred,
Neighborhood Services Department has the responsibility to validate the availability of funds. This is a reimbursement grant.
Submitted for City Manager's Office by: Femando Costa 6122
Originating Business Unit Head: Victor Turner 8187
Additional Information Contact: Amy Connolly 7556